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Longmont police, city face possible $2 million lawsuit over New Year's Eve fatal hit and run

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By Pierrette J. ShieldsLongmont Times-Call

Posted:
07/26/2013 12:35:40 PM MDT

Updated:
07/26/2013 10:29:39 PM MDT

Jason Grimmer's mother Cara Tedeschi, center, places a candle at a memorial site for her son during a candlelight vigil, Monday, July 15, 2013, in the 2200 Block of Main Street in Longmont. Grimmer was struck and killed by a vehicle on Dec. 31, 2012. July 15 is Grimmer's birthday.
(
Matthew Jonas
)

Jason Grimmer
(
LEWIS GEYER
)

LONGMONT -- The mother of a teenager who died in a hit-and-run crash on New Year's Eve could choose to sue the city of Longmont and the Longmont police for $2 million because police let the boy go after finding him intoxicated before his death, according to an intent-to-sue notice filed with the city.

Longmont deputy city attorney Ed Yosses said on Friday that city risk management officials have not yet replied to Cara Tedeschi's intent-to-sue notification dated April 23, but he expects the reply to be issued within 30 days.

According to police reports, Jason Grimmer was fleeing a fight between a group of his friends and a group of black men on New Year's Eve when he ran into road on the 2300 block of Main Street and was fatally struck in a hit-and-run crash. Police reported the fight started after Grimmer's friends -- all white teens and men -- had exchanged words and had used racially charged language with one of the black men as he left work. Officers responded to the call and allowed Grimmer's group to move on, but they believe the man, Keenan Morris, called his friends to the area and a fight ensued after officers left.

While most of the police reports related to the investigation are not public because the case remains open and unsolved, the Times-Call found a report in a related harassment case in which one of Grimmer's friends recounted the evening. The man said police knew Grimmer was intoxicated and that he had alcohol on him, but did not ticket him and let him go.

According to the intent-to-sue document, police returned alcohol to Grimmer's possession and did not contact the 16-year-old's family.

"The responding Longmont police officers knew or should have known that Mr. Grimmer's immediate welfare was in jeopardy when they responded to the initial confrontation," according to the document. "The responding officers knew that Mr. Grimmer was an intoxicated juvenile. The responding officers knew that Mr. Grimmer was in the company of intoxicated adults involved in a racially charged confrontation. The responding officers provided alcohol to the decedent and released him into the care of intoxicated individuals."

The document goes on to say that the police had a duty to protect the teen from immediate danger and should have taken him into custody and notified his mother or other guardian and that failing to do so was a "breach of the duty of care."

The hit-and-run case has been long and complicated for police, who initially arrested a teenage girl related to Morris in the hit and run. She spent 11 days in jail but was cleared of the crime. Police do not have a description of the vehicle that hit Grimmer, and no one else has been arrested.

Those close to the investigation have said the case will be reviewed by a grand jury.

Yosses said when the city receives an intent-to-sue letter, officials consider whether to enter into further discussion, reject the claim or enter into negotiations. He said he can't predict the city's response until risk management officials have completed an assessment.

No suit has been filed.

Kevin Carlock, Tedeschi's attorney, said Friday afternoon that the notice preserves the family's right to take legal action at a later date, but they would like to see the results of the grand jury investigation, as-yet unreleased coroner's report, and any additional police investigations.

He added that they are awaiting the city's response to the notice.

"We're waiting to hear back," he said. "There is no final determination as to what Ms. Tedeschi wants to do ... it was important for her rights to be preserved."

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